Oregon Revised Statutes Chapter 542 § 542.040 — Withholding water from appropriation pending investigation; restrictions on
Oregon Revised Statutes Chapter 542 ·
Oregon Code § 542.040·Enacted ·Last updated March 01, 2026
Statute Text
Withholding water from appropriation pending investigation; restrictions on
permit to appropriate; repayment of cost of project.
(1) The Water Resources
Commission, on behalf of the state, shall withdraw and withhold from
appropriation any unappropriated water which may be required for any project
under investigation or to be investigated under the provisions of ORS 542.010
to 542.050. If the project is found to be feasible, the commission shall
withhold the same from appropriation until the money expended in the
investigation of the project is repaid to the cooperating parties in proportion
to the amount contributed by each unless funds for construction are provided by
one or both of the cooperating parties, in which case the commission shall
issue a permit without requiring such repayment. No permit to appropriate water
which may be in conflict with any such project under investigation shall be
approved by the commission, nor shall any assignment of plans and information
or any part thereof be made except upon consideration and order by the
commission after full hearing of all interested parties.
(2) Any moneys
returned to the commission under the provisions of this section shall promptly
be turned over to the State Treasurer and credited to the General Fund in the
State Treasury. [Amended by 1985 c.673 §132]
Plain English Explanation
This Oregon statute addresses Withholding water from appropriation pending investigation; restrictions on
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 542.040
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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